Handgun permit denied

cotman68 · Jul 19, 2016

Not sure if this is in the right place or not.
I have a firefighter friend who has a 2nd degree misdemeanor assault charge from 2001. He tried to get a handgun in 2012 and was denied. Can he apply for an HQL now or will he be denied again ?

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AssMan · Jul 19, 2016

Pretty sure that's disqualifying.

cotman68 · Jul 19, 2016

snallygaster said:
Pretty sure that's disqualifying.

For how long ?

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DC-W · Jul 19, 2016

Forever. He needs to speak with a lawyer and work to get his record cleaned.

SoMD_Gen4 · Jul 19, 2016

It's past 15 years. As long as he hasn't had any issues since then, he should be able to get the record expunged. Then try again..

Rab1515 · Jul 19, 2016

cotman68 said:
For how long ?

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Until he gets it expunged. Which may or may not be possible.

cotman68 · Jul 19, 2016

Thanks for the quick replies. I'll pass it along. He hasn't had any trouble since then

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swinokur · Jul 19, 2016

2nd degree assault, although a misdemeanor in MD carries a possible penalty of 10 years.

he's prohibited.

IANAL.

Jaybeez · Jul 19, 2016

If the charge was in MD he's prohibited nationwide.

It may be different if it was an out of state charge, as most states dont have 10 year max penalty misdemeanor 2nd degree assault. But even an out of state charge will prohibit him in MD.

He can only expunge it if it was a PBJ, and he completed his probation.

If he was charged as a minor, he's prohibited until age 30. As an adult, prohibited for life.

He could apply for a pardon from the governor, they are granted rarely, but past governors of md issued them with the stipulation that gun rights were not restored.

swinokur · Jul 19, 2016

The instructions for the 4473, he would be prohibited Federally as well as mentioned because the possible sentence is 10 years.

But IANAL.
.

Jaybeez · Jul 19, 2016

swinokur said:
The instructions for the 4473, he would be prohibited Federally as well as mentioned because the possible sentence is 10 years.

But IANAL.
.

If it is a 2nd degree assault charge from MD. We dont know that for sure, but all signs point to yes.

swinokur · Jul 19, 2016

if from another state and more than two years, he's still prohibited need more info for a complete analysis.

Name Taken · Jul 19, 2016

Was it domestic related?

Either way no guns for him.

Md doesn't have a Domestic Abuse charge...you get charged with 1st or 2nd Degree Assault.

cotman68 · Jul 20, 2016

It's from MD. He was not a minor.It wasn't domestic abuse. He said he will contact the lawyer that fire department uses and try that route. Maybe he'll get lucky and have it expunged.

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swinokur · Jul 20, 2016

i though engagement was for a PBJ, not a conviction.

mxrider · Jul 20, 2016

cotman68 said:
It's from MD. He was not a minor.It wasn't domestic abuse. He said he will contact the lawyer that fire department uses and try that route. Maybe he'll get lucky and have it expunged.

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Having it expunged would be his only route unfortunately.

swinokur · Jul 20, 2016

Here is a list of things egible for expungement. I don't see a conviction on the list.
.

PharaohF4 · Jul 20, 2016

swinokur said:
Here is a list of things legible for expungement. I don't see a conviction on the list.
.

How can one find out what's on their record from the police and court records? I though pbj wouldn't show up, but I guess not.

swinokur · Jul 20, 2016

http://casesearch.courts.state.md.us/casesearch/

Jaybeez · Jul 20, 2016

PharaohF4 said:
How can one find out what's on their record from the police and court records? I though pbj wouldn't show up, but I guess not.

Case search. As posted above. PBJ will show up, expungements will not. But law enforcement can see expungements, but in most cases they must ignore them.

To the OP. If your friend was convicted, he is prohibited unless PARDONED. Sadly, he probably took a plea after the prosecutor told him a fine and a plea would make it "go away".

Handgun permit denied

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